HomeMy WebLinkAboutOrdinances (O-10-1764)-08/17/2010ORDINANCE 0-10-1764
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 10, BLOCK 23, OF
THE VILLAGE AT COLLEYVILLE CONDO ADDITION LOCATED AT 62 MAIN
STREET BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case
No. ZC10-013; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts,
and has prepared regulations pertaining to such districts in accordance'',
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote!
health, general welfare; to provide adequate light and air; to prevent the',
overcrowding of land; to avoid undue concentration of population; to'.
facilitate the adequate provision of transportation, water, sewerage,',.
', schools, parks, and other public requirements; and
', WHEREAS, the Planning and Zoning Commission,
to, among other things, the characte
has given reasonable consideration
of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
Ordinance 0-10-1764
Page 2 of 3
NOW, THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by amending the official
zoning map by authorizing a Special Use Permit for a package store on Lot'
10, Block 23, of The Village at Colleyville Condo Addition located at 62',
Main Street, as depicted on Exhibit "A".
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
ii the City of Colleyville as heretofore amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. This Special Use Permit shall only apply to the use of a package store
as depicted on Exhibit "A" and described in Exhibit "B".
b. The package store authorized by this Special Use Permit shall not
exceed 2,900 square feet in size and shalt only be allowed in Suite 110.
c. The business name for this package store shall be "Tivoli Wines". Any
change to any signage as it exists upon the approval date of this
ordinance shall require an amendment to this ordinance.
d. The package store authorized by this Special Use Permit shall be
required to comply with all provisions of the attached Exhibit "C".
e. This Special Use Permit shall automatically expire upon the
abandonment of the business, change in the use, a change in
ownership or upon the expiration or termination of the Certificate of
Occupancy.
f. All requirements of the Land Development Code shall be met, except
where amended herein.
Sec. 5. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon
f ~
Ordinance 0-10-1764
Page 3 of 3
conviction shall be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 8. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The fi treading and public hearing being conducted on the ~ day of
2010.
The s nd reading and public hearing being conducted on the / ~ day of
2010.
ATTEST•
~~~
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~`-t '' - ~ _ ~~
David Kelly ~ (~. J
Mayor
APPROVED AS TO FORM AND LEGALITY:
1
Matthew C. G. Boyle
City Attorney
X007
5605
5~iD3
5001
Exhibit "A" -Location and Zoning Map
~....- _ -
817 531Q
711 713 715 811 8'13 8'15
5 =~ ~~0
110 7
~UUC
a 7
X10
84
1 8
1 5 97 8 ` 7
EO
5309
-r 28 ~ 5221
<r cv ~ o~ ~ ~~ ~ ~~ 5217
c7 tD ~ a 7 r c~ ~'~
~~ ~ ~
`3 3
50 ' 6
3 ~ ~T
~ ~
r, co
o- o
`.0 ~ ~
u~
~ ~ 41 M
~1._$
37
53111
5204
-~5105
1101 i
5020
5232
5117
5113
5105
5025
5021
5017
51 G~
51 t!
514
Exhibit "B" -Statement of Planning Objectives
+~ate~teie~nt eI~ 1'tannin~; C)t~jretaer
~l~at~c~~i G'~Iini ~; i~ ~~i;rc~~r~t?~. ~ ~~.,~: ~it,~`i; .nt r, a `.n . ~~~ ~ ..r3 . ~ ' iII t!'iK~'~ t i,t~c` ret
C~~efli"1~1`h~['. fit'y<7~ 1~?t9 e' '.~t,1tic~ :~ d~'~`r.'<Irn,atel~, u'~ v'. S+.£~~„Tcr Vie, t, ['t`li~:[f~77~~1' tiI•C,~rtlteei
~~~ttt+ t4~Cfi>Cl, art:. ;tnC .,i-~ f,: :fg."~` t~4<• i-z.rrel".I~t' ha . ? C`?11,~~t N'<'~4t>: [~Y:1~ .tt't"a'd~jl'
l~*~'~S'i'~Lii'~~.'_ft'~~,` ].h L' 13e383z4 cat ~r^d~i ~.a I ;~i°~ t.°; C+:,t:t~ l~Lt' tlsrllYS (li ii~it'Y,iliutl ,U'r .l°; ~ltE~pC:~c:
5tan~ar~ - C,~~41 '~I~Fn<!a~° ~C~=~,~.^. ~ „~„Iy -Thurscti~~ 7 ~-~, Friihi~ F~ ~tI#Lirit~~ ~i}_•x
~1 t e3,": ~ ~"Cihli~ £?t,tlU~£lEi.' tV Yt't' Y1`t4~ $'~ •~~~- .~. _~+~ thHt hdb ~'t %~°ft 111 f 1t~i'Tc}~l+.~ll ',;YTi't.' 1.LPx,'i'tt`.7"+i`6'
y=wl~. ti:'~ carr, w.nti~^~ t£a,et ,err at.'Y<~ En iittc$ ae~ n1,,~.5 "'f?~1i~.3~;~:.• 51t'~P.:~s'", ~~:c ;r}' !c~ ; d1tt
ro-. t:;rl3,^.. c':a3.!C~<~ tw~In~~~, ir~.s;n ,1r~.~l~IIi3 t[u~ yx~i~r~;3 i~~';s' Calti~; ~I;tvc~ ,1 i4~r71,~ a ~t~4t `uti If~I
sir~r<_
L.~i~ILt. I~YZ?'lili~fl'i a!"t~l ~.ci~~t't'i~.~4"
~~~t' ?t.i'di• :. ~ 'it'~ar t;a~:,`at~£' r,x uzI t?,.t! ~.~ ,'~. ~, ; ~; ir~ i,>'. .'tE~r 4 li.'?u , .n~lvs
~tr[~ =u{'~~ Ulr~`~~ ~;~4°cE,~ a 4t~,vi° F, ,., , ~,~ll,ti ice' e~- r, ~: ~.;.. ;,~, ir, <-;-c4::°,e•. titir,t~lt~°t ,~nGl
~~rr~r~t, ,;vnc9 a ~Irre!' i,;fi~t~ .~~. (In I~ a~ r ;r ~u~ ;t,+, 'n, , -~:". e ft.,~.t~ .ti t.s(~Y r'<,,,'tI ~i~siii
~Yic, ht'l~l~• 4, t~Q ~~~~'+._~ 4.ir i ti li;x, .. ~ ~ can, ,`.,t o, ,. i~r .. C I. .i .<f '.. ,l~i '.i':f~'t Sb't le,r."; ~f~. 1I11
i_dlitiertiit, i~tir;a~ti ...~I~j ~~_s ,:. a .`„ ~.?~~c ~r'" _',~'diC.:Crt( h: tlar f,ilhi~w~n};
1"~~~a~>..~1t dr;~L~, `:z;ti~ ~'r ba ,te,,.~, z,:rl~,~~~, f t,roi~. ,fir,,, :~tl~ ~, i:~u ~F: zin, ~,~1~~~ ah,,, lA~a~.-,~ ~a ~~-l~
f} at 1; t~ejet.7tt:=t$ + a ia:~a +; ~t'e,'i? :errc,e94°tl ah+r.~~_ "~i F,,,tn~~. £rC:t Alr? u;s~j~'r ~_-,,111.
as :,t ~,I~r ><~ I.e,~ arr3 £~ur~te.rc~~£ kllr ~u~;ae a ~ £~,Irt}' ~li4tri€>FStc?r surle n~, t " ..: ii»r" ,
f~.x ~~t.~.a~, 3t,<t=~_),'~s,;.ith"I~x, b~,'n3a l rrt2, «er'S41 ae~arly cltht r r~'~ in t~li~X. ~'~~° 1, ~?}. ~<<~t ;~.~ea3~-<
.it~Hf ,t."~,' rti`f 6t:~L16t1~ id1 ~~5t£'IL'C eti!~dilt~e'r i~4 tlti~ ae't~a. ~'~~r£•Cl>~.rIC~:~e1°r ~~-~ao t_': Lttl t i3't t."~IvR`0,-
CdF fi~Tl~~,~ f~ ti?tirllf i.~It Ci-',-it2ll.tl":::I1I tl7t'IiUti. ~rk't` ~l~lt i' 41 5',TIT~ 5~!.l. ~'~~}(l. i'~?:1. 2'.i.'P4 ~,+i.ES
r.-.a£,j,,,,•e ~~ ~lo-~~`i~,itar~ :a~tkit'~~, e:~£~,Ih•Elitie~~, 11~i.I~ ~k~r ~~.. , ~:c'~yn„rrs ~~ah}~S'. I`}~e~ titi ~i~ I~~•t~t~e
~~t iti trea~ bi-' l,?r )r#.'Ipia;}, .:~ fia;,t+nl~,~.~i ~I Ee,i: }'a'rt ~I,tI-. ~„ ., ~,,r.:; ~;~## "rrtae.:~te , ~ „~,,:~.~
ti `~, C>~ t';~'i'll l E~t~t°i° c~tiinc' rla~.~ tl. t ff~,.', ~I~,.~, ~~~~ ., ,~ t,~..'13'. 1",r~ _ ,` titei'i~:. ;nvi`r ;~,:~~..arh,'~
t,t,., •,nt3 tri eI=r, iIt•va~r,lt*:T.. ~F1 a~1 11 ;,, ztia<<a~,~ ~:~,£ ~ 4:: ~.i[s~ .i, +~'~'s'fth ~furisep;
fllt~ Yi~~tr tai (i,a ±.~a? ~t,rfert v,~~ , i.~~ i>;.t ;~~,e~,rrr;,, ','~+~ ,y ..~~; _.~r=ti ~ete~t itiit"u, f}~ui? te~r~
~lcl l`,'1?~k fil h`,'l~. i4~) ~l( 4t,. i.,, .U tC,.. , is z ,tt~. ~ .. e.. ~tl. .._j r ~r tli 5'.i lrf ~i J 41,E
'r.°'.nd~-!~ frb"f i.~1`t~}`r,IT1Ik'l,~ Frla z`~_.?~'~ VIE' 19 ~: i,lil,,' LIC' T71~~7[1,~:'Tl~(7i1L Ct1.~S1~'l'S tC? (l,Llr
h~_7s~nrssplan. ~~Ve w.~iil ,n~?t Eye ~h2lnrn~, c~ctr nz,rr,e <,r CI~.u` L~,~zl~~cliiv~; Eits,:~,. ~'1~'~~ x~il( ~~~-~
:%i'~' h'F~+~^~ ~~( nt;~rka'tia~~; to le~; I'~'r'}IIE~ ktttwr ~~?t tt7i;~ ~~h~?ztk;c'_ f ntt~rnY~, Ne~wSp~~er,
1~~~~~%ale m~g~~ztne~. G1~e ~+~all,~niy,~.anvert i sn-~~~1 a6Tleiurlt C+{ ~,}~a~c (or th,`nis;°pr~duct_
6'~~c~ ~+hee~ ti, e~~rr~.~ Pert L~, ;~:~rt L~~'i~ni~5, C~i~l;rtr}~„ bash t~:r+I~I~, lir;uee:ti,, zrn~~ ~ f~ti~~kh~~
~p~ri~lt~ het~nd l~,rtit~=i3 4~?ari~~. lb'e E?lan to c~fE~r I~~rt ~rt~l ~c~.,t~h ~tu~~.
Exhibit "C"
CRIME PREVENTION RECOMMENDATIONS FOR
CONVENIENCE STORES AND PACKAGE STORES
Purpose
The purpose of these recommendations are to protect the health, safety, and welfare of
the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the
escalation of crime, and increasing the successful prosecution of crime that may occur
in a convenience store or package store in the City. To this end, these
recommendations address best practices in crime prevention through environmental
design including height markers, visibility into and around the business, alarm systems,
physical security, drop safes, surveillance camera systems, and minimum staffing
requirements.
Definitions
Unless otherwise expressly stated, the following terms shall, for the purposes of these
recommendations, have the meanings indicated in this section:
"Convenience Store" means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized by a limited
product mix (generally emphasizing prepared and snack foods, beverages, tobacco
products or gasoline/motor vehicle fuel), close-in parking, and limited retail space.
"Drop Safe" means a cash management device in which money can be deposited
without the depositor having access to the contents.
"Employee" means any person listed on the payroll of a convenience store or package
store as an employee, whether part-time, full-time, permanent, or temporary. The term
does not include a person providing only janitorial or security services to the store.
"Height Marker" means a measuring strip that is attached on or near the door frame of
doors used for ingress and egress to the store to aid in identifying the height of a person
suspected of committing a crime.
"Package Store" means a retail establishment that sells "liquor", as defined by the
Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption.
"Manager" means the person designated as the supervisor or person in charge of the
operations of the store.
"Owner" means the person or persons who hold title to, leases or has a possessory
interest in property for the purpose of operating aconvenience/package store.
Height strips
A convenience/package store shall have height strips posted at all public exits to aid in
obtaining a physical description on any suspicious person or suspect in a criminal
offense.
Visibility
A) A convenience/package store shall maintain an unobstructed line of sight
allowing a clear view of and from the cash register and sales transaction area
through all windows and public access doors. Such windows and doors must be
clear of all items that would obstruct a clear view including, but not limited to,
tinting, signage, advertisements, shelving, and merchandise. Such unobstructed
line of sight must, at a minimum, extend from three feet above the ground to at
least six feet above the ground.
B) Landscaping shall be maintained in a manner that allows an unobstructed view of
all windows and doors in an attempt to prevent blind spots or places of
concealment.
Alarm system
A) A convenience/package store shall have a silent panic or holdup alarm system
for which a permit has been issued by the City. This system shall, at a
minimum, include a panic button located within reach of the cash register and
out of view of the customer. Such panic button will generate an alarm signal
indicating a holdup or other life-threatening emergency requiring a police
department response.
B) A convenience/package store shall have posted at all public exits and entrances
signs or decals indicating that a security alarm system is in use.
Entrances and Exits
A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40
inches of a breakable surface must be a double cylinder lock.
B) Service or delivery entrances shall be equipped with an exterior, high resolution
digital video camera or a "peep hole", which enables employees to visually
observe the area immediately outside the door.
2
Drop safe
A) A convenience/package store shall have a drop safe on the premises to keep the
amount of cash available to employees to a minimum. A drop safe must be
bolted to the floor and may have atime-delay mechanism to allow small amounts
of change to be removed.
B) A convenience/package store shall have a written cash accountability policy
mandating the maximum amounts of cash that can be kept in cash registers.
C) A convenience/package store shall have posted, at or near the point(s) of sale,
decals or signs indicating that employees cannot open the safe and that
employees have minimum cash on hand.
Surveillance camera system
A) A convenience/package store shall have a minimum of two, color digital high-
resolution surveillance cameras. One camera must have an overall view of the
counter/register area and the other camera a view of the main entrance/exit area
and both shall display the correct date and time of the recording.
B) The entrance/exit area camera shall be placed to provide a clear and identifiable
full frame of the filmed individual's face.
C) The cameras shall be operated at all times including hours when the store is not
open for business.
D) The owner or manager shall provide the police department, upon request, digital
color images in connection with any criminal investigation.
E) The owner or manager shall maintain a library of the recorded digital images for
not less than 30 days.
F) A convenience/package store shall have posted, at or near the point(s) of sale,
signs or decals indicating that surveillance cameras are in use.
Minimum Staffing
(A) A convenience/package store will maintain a minimum staffing of at least two
(2) employees on-site at all times when the business is open.
3